Air Charter Conditions

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Item Information

Revision History

Date Status ID Title
2008-05-12 Active B4028C Air Charter Conditions (2008-05-12) B4028C

Remarks – Recommended Use of SACC Item

Use the following clause in contracts for all air charter services.

Legal text for SACC item

  1. Interpretation
    • 1.1 "day" means any period 24 consecutive hours;
    • 1.2 "month" means any period of 30 consecutive days; and
    • 1.3 "flight" means the movement of an aircraft from the point of take-off to the first point of landing.
  2. Operation, Interruption or Cancellation of Charter Flights
    • 2.1 The Carrier must have exclusive operational control over chartered aircraft and its contents and crew.
    • 2.2 The Carrier must ensure that every person provided with transportation on a chartered aircraft complies with all the conditions of the Contract, and any persons and property aboard a chartered aircraft are subject to the authority of the pilot-in-charge.
    • 2.3 The Carrier may:
      1. cancel or terminate a charter or any flight of a charter at any time,
      2. return to base or to the last point of landing, or
      3. divert or land at an intermediate point, when such action is considered by the Carrier to be necessary owing to the unserviceability of the aircraft, weather conditions or other conditions beyond the control of the Carrier.
  3. Dangerous Goods or Hazardous Products
    The Carrier must comply with all laws and regulations applicable to the carriage of dangerous goods or hazardous products.
  4. Space for the Carrier's Use
    Any capacity in the chartered aircraft not being utilized by the Charterer may, unless the Charterer objects, be used by the Carrier for the carriage of its own personnel, baggage or goods.
  5. Cancellations, Non-completions or Deviations
    • 5.1 When a charter is cancelled by the Carrier after commencement, charges will apply for the completed portion only.
    • 5.2 No charges will apply to the Charterer:
      1. where flights are not completed due to mechanical failure or crew casualties and the Carrier fails to arrange satisfactory alternative transportation; or
      2. in respect of any flying in an unsuccessful attempt to complete a flight required under the charter.
  6. Substitution of Aircraft
    • 6.1 When, owing to causes beyond the control of the Carrier, the chartered aircraft is unavailable at the time the charter commences or becomes unavailable while carrying out the charter, the Carrier may furnish another aircraft of the same type or, with the consent of the Charterer, substitute any other type of aircraft at the rates and charges applicable to the aircraft originally chartered except as provided in subsections 6.2 and 6.3.
    • 6.2 When a substituted aircraft is capable of a larger payload than the aircraft originally chartered, the payload carried in the substituted aircraft must not be greater than the payload that would have been available in the aircraft originally chartered, unless the Charterer agrees to pay the rates and charges applicable to the substituted aircraft.
    • 6.3 When the maximum payload of a substituted aircraft is smaller than the maximum payload of the aircraft originally chartered, charges will be based on the rates and charges applicable to the type of substituted aircraft, except that where such rates and charges are higher than those for the aircraft originally chartered, the rates and charges for the original aircraft chartered will apply.
  7. Determination of Firm Rate Per Hour
    • 7.1 Except as provided in subsection 7.2, the hours and minutes for which a charge is made must be computed from the time the aircraft leaves the surface of the earth and terminating when the aircraft touches the surface of the earth at the next point of landing. The term "Firm Rate Per Hour" is an hourly charge or portion of an hourly charge of "Air Time" as defined in the Canadian Aviation Regulations, Part VIII, Air Navigation Services, and will be the basis of calculating charges for air services.
    • 7.2 When operations involve a continuous succession of flights, each of less than ten (10) minutes duration, and the engine is not shut down between such flights, air time must be computed from the time the aircraft leaves the surface of the earth for the first flight and ceases when the aircraft touches the surface of the earth at the final point of landing.
    • 7.3 In determining the duration of a flight:
      1. each fraction of an hour must be stated as a decimal, established on the basis of a six-minute period,
      2. each period of less than three minutes must be rounded to zero, and
      3. each period of between three and six minutes must be rounded to six minutes, except that no flight must be considered to have a duration of less than 0.1 hour.
  8. Application of Rates and Charges Fixed Wing Only
    • 8.1 On charters, rates per mile must apply for all point-to-point flights where flight distances are measurable.
    • 8.2 Rates by hour must apply when the Carrier is providing air service for the Charterer engaged in operations involving flights or parts of flights where flight distances are not measurable, or when requested by the Charterer and such request is noted by the Carrier on the invoice.
  9. Methods of Measuring Distance Fixed Wing Only
    • 9.1 When a flight is required to be flown over airways routes or routes prescribed by the Department of Transport, the distances must be measured in straight lines along such routes.
    • 9.2 The distances of flights, other than a flight referred to in subsection 9.1, must be measured in a straight line between the places of commencement and completion of the Work provided for in the charter, using standard 8 miles to 1 inch aeronautical charts of the National Topographic Series, as issued by the Department of Natural Resources, Ottawa.